V 

REGULATIONS 


'^<3>is?l 


CONCERNING 


RAILROAD  RIGHT  OF  WAY 


OVER 


THE  PUBLIC  LANDS. 


APPROVED  NOVEMBER  4,  1898. 


<-/ar 


WASHINGTON: 

GOVERNMENT    PRINTING   OFFICE. 
1898. 


TAG.'.  6 


REGULATIONS 


COXCEKN1NG 


RAILROAD  RIGHT  OF  WAY 

m 


OVER 


THE  PUBLIC  LANDS. 


APPROVED  NOVEMBER  4,  1898. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE, 

1898. 


RIGHT-OF-WAY  RAILROADS. 


The  following  is  a  copy  of  an  act  of  Congress  approved  March  3, 
1875,  entitled  "An  act  granting  to  railroads  the  right  of  way  through 
the  public  lands  of  the  United  States:" 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of 
|  America  in  Congress  assembled,  That  the  right  of  way  through  the  public  lands 
of  the  United  States  is  hereby  granted  to  any  railroad  company  duly  organized 
under  the  laws  of  any  State  or  Territory,  except  the  District  of  Columbia,  or  by 
the  Congress  of  the  United  States,  which  shall  have  filed  with  the  Secretary  of  the 
Interior  a  copy  of  its  articles  of  incorporation,  and  due  proofs  of  its  organization 
under  the  same,  to  the  extent  of  one  hundred  feet  on  each  side  of  the  central  line 
of  said  road;  also  the  right  to  take,  from  the  public  lands  adjacent  to  the  line  of 
said  road,  material,  earth,  stone,  and  timber  necessary  for  the  construction  of  said 
railroad;  also,  ground  adjacent  to  such  right  of  way  for  station  buildings,  depots, 
machine  shops,  side-tracks,  turn-outs,  and  water-stations,  not  to  exceed  in  amount 
twenty  acres  for  each  station,  to  the  extent  of  one  station  for  each  ten  miles  of 
its  road. 

SEC'.  2.  That  any  railroad  company  whose  right  of  way,  or  whose  track  or  roadbed 
upon  such  right  of  way,  passes  through  any  canyon,  pass,  or  defile,  shall  not  pre- 
vent any  other  railroad  company  from  the  use  and  occupancy  of  said  canyon,  pass, 
or  defile,  for  the  purposes  of  its  road,  in  common  with  the  road  first  located,  or  the 
crossing  of  other  railroads  at  grade.  And  the  location  of  such  right  of  way  through 
any  canyon,  pass,  or  defile  shall  not  cause  the  disuse  of  any  wagon  or  other  public 
highway  now  located  therein,  nor  prevent  the  location  through  the  same  of  any 
such  wagon  road  or  highway  where  such  road  or  highway  may  be  necessary  for 
the  public  accommodation:  and  where  any  change  in  the  location  of  such  wagon 
road  is  necessary  to  permit  the  passage  of  such  railroad  through  any  canyon,  pass, 
or  defile,  said  railroad  company  shall  before  entering  upon  the  ground  occupied 
by  such  wagon  road,  cause  the  same  to  be  reconstructed  at  its  own  expense  in  the 
most  favorable  location,  and  in  as  perfect  a  manner  as  the  original  road:  Provided, 
That  such  expenses  shall  be  equitably  divided  between  any  number  of  railroad 
companies  occupying  and  using  the  same  canyon,  pass,  or  defile. 

Sr.c.  y.  That  the  legislature  of  the  proper  Territory  may  provide  for  the  manner 
in  which  private  lands  and  possessory  claims  on  the  public  lands  of  the  Unite:! 
States  may  be  condemned;  and  where  such  provision  shall  not  have  been  made, 
such  condemnation  may  be  made  in  accordance  with  section  three  of  the  act 
entitled  ''An  act  [to  amend  an  act  entitled  an  act]  to  aid  in  the  construction  of  a 
railroad  and  telegraph  line  from  the  Missouri  River  to  the  Pacific  Ocean,  and  to 
secure  to  the  Government  the  use  of  the  same  for  postal,  military,  and  other  pur- 
poses, approved  July  first,  eighteen  hundred  and  sixty-two,"  approved  July  second, 
eighteen  hundred  and  sixty-four. 

SE<J.  4.  That  any  railroad  company  desiring  to  secure  the  benefits  of  this  act. 
shall,  within  twelve  months  after  the  location  of  any  section  of  twenty  miles  of 
its  road,  if  the  same  be  upon  surveyed  lands,  and.  if  upon  unsurveyed  lands. 

3 


within  twelve  months  after  the  survey  thereof  by  the  United  States,  file  with  the 
register  of  the  land  office  for  the  district  where  such  land  is  located  a  profile  of  its 
road;  and  upon  approval  thereof  by  the  Secretary  of  the  Interior  the  same  shall 
be  noted  upon  the  plats  in  said  office:  and  thereafter  all  such  lands  over  which 
such  right  of  way  shall  pass  shall  be  disposed  of  subject  to  such  right  of  way:  Pro- 
vided, That  if  any  section  of  said  road  shall  not  be  completed  within  five  years 
after  the  location  of  said  section,  the  rights  herein  granted  shall  be  forfeited  as  to 
any  such  uncompleted  section  of  said  road. 

SEC.  5.  That  this  act  shall  not  apply  to  any  lands  within  the  limits  of  any  mili- 
tary, park,  or  Indian  reservation,  or  other  lands  specially  reserved  from  sale, 
unless  such  right  of  way  shall  be  provided  for  by  treaty  stipulation  or  by  act  of 
Congress  heretofore  passed. 

SEC.  6.  That  Congress  hereby  reserves  the  right  at  an}7  time  to  alter,  amend,  or 
repeal  this  act,  or  any  part  thereof. 

Approved,  March  3,  187,").     (IS  Stat..  p.  4*2.) 

1.  The  grant  made  by  this  ad  does  not  convey  an  estate  in  fee  in 
the  lands  used  for  right  of  way  or  for  station  grounds.     The  grant  is 
merely  of  a  right  of  use  for  the  necessary  and  legitimate  purposes  of 
the  roads,  the  fee  remaining  in  the  United  States. 

2.  All  persons  entering  public  lands,  1o  part  of  which  a  right  of 
way  has  attached,  take  the  same  subject   1o  such  right  of  way,  the 
latter  being  computed  as  a  part  of  the  area  of  the  tract  entered. 

3.  Whenever  any  rigid  of  way  shall  pass  over  private  land  or  pos- 
sessory claims  on  lands  of  the  United  States,  condemnation  of  the  right 
of  way  across  the  same  maybe  made  in  accordance  with  the  provisions 
of  section  •')  of  Ihe  act. 

4.  Lines  of  route  or  station  grounds  lying  partly  upon  nnsurveyed 
land  can  be  approved  if  the  application  and  accompanying  maps  and 
papers  conform  to  these  regulations,  but  the  approval  will  only  relate 
to  that  portion  traversing  the  surveyed  lands.      (For  right  of  way 
wholly  on  nnsurveyed  land,  see  paragraphs  17  and  is.) 

o.  Any  railroad  company  desiring  to  obtain  the  benefits  of  the  law 
is  required  to  file,  through  this  office,  or  they  may  be  filed  with  the 
register  of  the  land  district  in  which  the  principal  terminus  of  the 
road  is  to  be  located,  who  will  forward  them  to  this  office — 

F'irxf.  A  copy  of  its  articles  of  incorporation,  duly  certified  to  by 
the  proper  officer  of  the  company  under  its  corporate  seal,  or  by  the 
secretary  of  the  Stale  or  Territory  where  organized. 

«S'ecom/.  A  copy  of  the  State  or  Territorial  la\v  under  which  the 
company  was  organi/ed,  with  the  certificate  of  the  governor  or  secre- 
tary of  the  State  or  Territory  that  the  same  is  the  existing  law. 

Tli.iriL  When  said  law  directs  that  the-  articles  of  association  or 
other  papers  connected  with  the  organization  be  filed  with  any  Stale 
or  Territorial  officer,  the  cert  ideate  of  such  officer  that  the  same  have 
been  filed  according  to  law,  with  the  date  of  the  filing  thereof. 

Fourth.  When  a  company  is  operating  in  a  Slate  or  Territory  other 
than  that  in  which  it  is  incorporated,  the  certificate  of  the  proper 
officei- of  Hie  Slate  or  Territory  is  required  that  it  lias  complied  with 


the  laws  of  that  State  or  Territory  governing  foreign  corporations,  to 
the  extent  required  to  entitle  the  company  to  operate  in  such  Slate 
or  Territory. 

No  forms  are  prescribed  for  the  above  portion  of  the  proofs  required, 
as  each  case  must  be  governed  to  some  extent  by  the  laws  of  the 
State  or  Territory. 

F if tli.  The  official  statement,  under  seal  of  the  proper  officer,  that 
the  organization  has  been  completed ;  that  the  company  is  fully  author- 
ized to  proceed  with  the  construction  of  the  road  according  to  the  exist- 
ing law.  (Form  1,  p.  0.) 

Sixth.  An  affidavit  by  the  president,  under  the  seal  of  the  company, 
showing  the  names  and  designations  of  its  officers  at  the  date  of  the 
filing  of  the  proofs.  (Form  2,  p.  (J.) 

Seventh.  If  certified  copies  of  the  existing  laws  regarding  such  cor- 
porations, and  of  new  laws  as  passed  from  time  to  time,  be  forwarded 
to  this  office  by  the  governor  or  secretary  of  any  State  or  Territory,  a 
company  organized  in  such  State  or  Territoiy  may  file,  in  lieu  of  the 
requirements  of  the  second  subdivision  of  this  paragraph,  a  certificate 
of  the  governor  or  secretary  of  the  State  or  Territory  that  no  change 
has  been  made  since  a  given  date,  not  later  than  that  of  the  laws  last 
forwarded. 

6.  The  word  profile  as  used  in  this  act  is  understood  to  intend  a 
map  of  alignment.     All  such  maps  and  plats  of  station  grounds  are 
required  by  the  act  to  be  filed  with  the  register  of  the  land  office  for 
the  district  where  the  land  is  located.     They  must  be  drawn  on  tra- 
cing linen,  in  duplicate,  and  must  be  strictly  conformable  to  the  field 
notes  of  the  survey  of  the  line  of  route  or  of  the  station  grounds. 

7.  The  maps  should   show  any  other  road  crossed,  or  with  which 
connection  is  made;  and  whenever  possible  the  station  number  on  the 
survey  thereof  at  the  point  of  intersection.     All  such  intersecting 
roads  must  be  represented  in  ink  of  a  different  color  from  that  used 
for  the  line  for  which  the  applicant  asks  right  of  way.     Field  notes 
of  the  surveys  should  be  written  along  tiie  line  on  the  map.     If  the 
map  would  thereby  be  too  much  crowded  to  be  easily  read,  then  dupli- 
cate field  notes  should  be  tiled  separate  from  the  map,  and   in  such 
form  that  they  may  be  folded  for  filing.     In  such  case  it  will  be  neces- 
sary to  place  on  the  map  only  a  sufficient  number  of  station  numbers 
to  make  it  convenient  to  follow  the  field   notes  on  the  ma]).     In  all 
cases  station  numbers  should  be  given  on  the  map  where  changes  of 
numbering  occur  and  where  the  lines  of  the  public  surveys  are  crossed, 
with  distances  to  the  nearest  existing  corner.     The  map  must  also 
show  the  lines  of  reference  of  initial  and   terminal  points,  with  their 
courses  and  distances. 

<S.  Typewritten  field  notes,  with  clear  carbon  copies,  are  preferred 
whenever  separate  field  notes  are  necessary,  as  they  expedite  the 
examination  of  applications.  The  field  notes,  whether  given  on  the 


6 

map  or  tiled  separately,  must  be  so  complete  that  the  line  may  be 
retraced  from  them  on  the  ground.  They  should  show  whether  lines 
were  run  on  true  or  magnetic  bearings;  and  in  the  latter  case  the 
variation  of  the  needle  and  date  of  determination  must  be  stated. 
One  or  more  bearings  (or  angular  connections  with  public  survey 
lines)  must  be  given.  The  10-mile  sections  must  be  indicated  and 
numbered  on  all  lines  of  road  submitted. 

!).  The  scale  of  maps  showing  the  line  of  route  should  be  2,000  feet 
to  an  inch.  The  maps  may,  however,  be  drawn  to  a  larger  scale  when 
necessary;  but  the  scale  must  not  be  so  greatly  increased  as  to  make 
the  map  inconveniently  large  for  handling.  In  most  cases,  by  furnish- 
ing separate  field  notes  an  increase  of  scale  can  be  avoided.  Plats 
of  station  grounds  should  be  drawn  on  a  scale  of  400  feet  to  an  inch, 
and  must  be  filed  separately  from  the  line  of  route.  Such  plats 
should  show  enough  of  the  line  of  route  to  indicate  the  position  of  the 
tract  with  reference  thereto. 

10.  All  subdivisions  of  the  public  surveys  represented  on  the  map 
should  have  their  entire  boundaries  drawn,  and  on  all  lands  affected 
by  the  right  of  way  the  smallest  legal  subdivisions  (40-acre  tracts  and 
lots)  must  be  shown. 

11.  The  applicant  should  mark  each  of  the  subdivisions  affected  by 
the  right  of  way  "  V"  or  "Vacant" if  it  belongs  to  the  public  domain 
at  the  time  of  filing  the  map  in  the  local  land  office;  and  the  same 
must  be  verified  by  the  certificate  of  the  register.     Tf  it  does  not 
affirmatively  appear  that  some  portion  of  the  public  land  is  affected, 
the  local  officers  will  refuse  to  receive  the  maps.     (See  paragraph  22.) 

12.  The  termini  of  the  line  of  road  should  be  fixed  by  reference  of 
course  and  distance  to  the  nearest  existing  corner  of  the  public  sur- 
vey.    The  map,  engineer's  affidavit,  and  president's  certificate  (Forms 
;}  and  4,   pp.  !>,  10)  should  each  show  these  connections.     The  com- 
pany must   certify  in  Form  4  that  the  road  is  to  be  operated  as  a 
common   carrier   of    passengers   and   freight.      A   tract   for   station 
grounds  must  be  similarly  referenced  and  described  on  the  plat  and 
in  Forms  7  and  s  (p.  11),  except  when  the  tract  conforms  to  the  sub- 
divisions of  the  public  surveys,  in  which  case  it  may  be  described  in 
the  forms  according  to  the  subdivisions. 

lo.  When  either  terminal  of  the  line  of  route  is  upon  unsurveyed 
land  it  must  he  connected  by  traverse  with  an  established  corner  of 
the  public  survey,  if  not  more  than  G  miles  distant  from  it,  and  the 
single  bearing  and  distance  fr;>m  the  terminal  point  to  the  corner 
computed,  and  noted  on  the  map,  in  the  engineer's  affidavit,  and  in 
the  president's  certificate  (Forms  .'!  and  4).  The  notes  and  all  data 
for  the  computation  of  the  traverse  must  be  given. 

14.  When  the  distance  to  an  established  corner  of  the  public  sur- 
vey is  more  than  <>  miles,  this  connection  will  be  made  with  a  natural 
object  or  a  permanent  monument  which  can  be  readily  found  and  rec- 


ognized,  and  which  will  fix  and  perpetuate  the  position  of  the  terminal 
point.  The  map  must  show  the  position  of  such  mark,  and  course 
and  distance  to  the  terminus.  There  must  be  given  an  accurate 
description  of  the  mark  and  full  data  of  the  traverse,  as  required 
above.  The  engineer's  affidavit  and  president's  certificate  (Forms  3 
and  4)  must  state  the  connections.  These  monuments  are  of  great 
importance. 

15.  When  the  line  of  route  lies  partly  on  unsurveyed  land,  each 
portion  lying  within  surveyed  and  unsurveyed  land  will  be  separately 
stated  in  Forms  3  and  4,  by  connection  of  termini  and  length,  as 
though  each  portion  were  independent. 

16.  When  lands  desired  for  station  grounds  lie  partly  on  unsurveyed 
land,  the  areas  of  the  several  parts  on  surveyed  and  unsurveyed  land 
must  be  separately  stated  on  the  map  and  in  Forms  7  and  8. 

17.  Maps  or  plats  of  lines  of  route  or  station  grounds  lying  wholly 
on  unsurveyed  lands  may  be  received  and  placed  on  file  in  the  Gen- 
eral Land  Office  and  the  local  land  office  of  the  district  in  which  the 
same  is  situated,  for  general  information,  and  the  date  of  filing  will 
be  noted  thereon;  but  the  same  will  not  be  submitted  to  nor  approved 
by  the  Secretary  of  the  Interior,  as  the  act  makes  no  provision  for  the 
approval  of  any  but  maps  showing  the  location  in  connection  with 
the  public  surveys.     The  filing  of  such  maps  or  plats  will  not  dispense 
with  the  filing  of  maps  or  plats  after  the  survey  of  the  lands  and 
within  the  time  limited  in  the  act  granting  the  right  of  way,  which 
map  or  plat,  if  in  all  respects  regular  when   filed,  will  receive  the 
Secretary's  approval. 

18.  In  filing  such  maps  or  plats  the  initial  and  terminal  points  will 
be  fixed  as  indicated  in  paragraphs  13  and  14. 

19.  Whenever  the  line  of  survey  crosses  a  township  or  section  line 
of  the  public  survey,  the  distance  to  the  nearest  existing  corner  should 
be  ascertained  and  noted.     The  map  or  plat  should  show  these  dis- 
tances and  the  station  numbers  at  the  points  of  intersection.     When 
field  notes  are  submitted,  they  should  also  contain  these  distances 
and  station  numbers. 

'20.  The  engineer's  affidavit  and  president's  certificate  must  be 
written  on  the  map,  and  must  both  designate  by  termini  and  length, 
in  miles  and  decimals,  the  line  of  route  for  which  right  of  way  appli- 
cation is  made  (see  Forms  3  and  4,  pp.  !»,  10).  Station  grounds 
must  be  described  by  initial  point  and  area  in  acres  (see  Forms  7  and 
•"•>,  p.  11);  and  when  they  are  on  surveyed  land  the  smallest  legal 
subdivision  in  which  they  are  located  should  be  stated.  No  changes 
or  additions  are  allowable  in  the  substance  of  any  forms,  except 
when  the  essential  facts  differ  from  those  assumed  therein  (see 
paragraph  12). 

21.  Where  right  of  way  is  desired  for  spurs  or  short  branch  lines 
which  will  not  greatly  enlarge  the  size  of  the  map,  they  may  !>e  shown 


8 

on  the  same  map  with  the  main  line,  and  should  be  separately 
described  in  the  forms  by  termini  and  length.  For  longer  branch 
lines  separate  maps  should  be  filed. 

22.  When  the  maps  are  filed  the  local  officers  will  note  in  pencil  on 
the  tract  books  opposite  each  vacant  tract  traversed,  that  right  of  way 
for  a  railroad  or  station  grounds  is  pending,  giving  date  of  filing  and 
name  of  company,  noting  on  each  map  or  plat  the  date  of  filing,  over 
their  written  signature,  transmitting  them  promptly  to  the  General 
Land  Office.     (See  paragraph  11.) 

23.  Upon  the  approval  of  a  map  of  location  by  the  Secretary  of  the 
Interior  the  duplicate  copy  will  be  sent  to  the  local  officers,  who  will 
mark  upon  the  township  plats  the  line  of  the  railroad  or  location  of 
station  grounds,  as  laid  down  on  the  map  or  plat.     They  will  also  note, 
in  ink,  on  the  tract  books,  opposite  each  tract  marked  as  required  by 
paragraph  22,  that  the  same  is  to  be  disposed  of  subject  to  the  right 
of  way  for  the  railroad  company's  line  of  road  or  station  grounds. 

24.  When  the  railroad  is  constructed,  an  affidavit  of  the  engineer 
and  certificate  of  the  president  (Forms  o  and  (i,  p.  10)  must  be  filed 
in  the  local  office,  in  duplicate,  for  transmission  to  this  office.     No 
new    map  will  be  required,  except  in  case  of  deviations  from  the 
right  of  way  previously  approved,  whether  before  or  after  construc- 
tion, when  there  must  be  filed  new  maps  and  field  notes  in  full,  as 
herein  provided,  bearing  proper  forms,  changed  to  agree  with  the  facts 
in  the  case.     The  map  must  show  clearly  the  portions  amended  or 
bear  a  statement  describing  them,  and  the  location  must  be  described 
in  the  forms  as  the  amended  survey  and  the  amended  definite  location. 
In  such  cases  the  company  must  file  a  relinquishment,  under  seal,  of 
all  rights  under  the  former  approval  as  to  the  portions  amended,  said 
relinquishment  to  take  effect  when  the  map  of  amended  definite  loca- 
tion is  approved  by  the  honorable  Secretary. 

BINGER  HERMANN, 

Commissioner  of  the  General  Land  Office. 
Approved  November  4,  18!)8. 
C.  N.  BLISS, 

Secretary  of  the  Interior. 


FOBMS  FOR  DUE  PEOOFS,    AND   VERIFICATION  OF   MAPS  OF   RIGHT    OF  WAY  FOR 

FOR  RAILROADS. 

FORM  1. 

I, — ,  secretary  (or  president)  of  the  —  —  company,  do  hereby  certify 

that  the  organization  of  said  company  has  been  completed;  that  the  company  is 
fully  authorized  to  proceed  with  construction  according  to  the  existing  laws  of 
the  State  (or  Territory)  of  —  — ;  and  that  the  copy  of  the  articles  of  association 
(or  incorporation)  of  the  company  filed  in  the  Department  of  the  Interior  is  a 
true  and  correct  copy  of  the  same. 

I    In  witness  whereof  I  have  hereunto  set  my  name  and  the  corporate  seal  of  the 
company. 

[SEAL  OF  COMPANY.]  — , 

—  of  the  —      —  Company. 


FORM  2. 

STATE  OF . 


-,  being  duly  sworn,  says  that  he  is  the  president  of  the 


pany,  and  that  tbe  following  is  a  true  list  of  the  officers  of  the  said  company,  with 
the  full  name  and  official  designation  of  each,  to  wit:  (Here  insert  the  full  name 
and  official  designation  of  each  officer. ) 
[SEAL  OF  COMPANY.]  — , 

President  of  Company. 

Sworn  and  subscribed  to  before  me  this day  of  —     — ,  189 — . 

[SEAL.]  — . 

Not  art/  Public. 


STATE  OF 


County  of 


— .  being  duly  sworn,  says  he  is  the  chief  engineer  of  (or  is  the 
person  employed  to  make  the  survey  by)  the  -—  —  company:  that  the  survey  of 
the  said  company's  line  of  railroad  described  as  follows:  (here  describe  the  line  of 
route  as  required  by  paragraph  12),  a  length  of  -  —  miles,  was  made  by  him 
(or  under  his  direction)  as  chief  engineer  of  (or  as  surveyor  employed  by)  the 

company  and  under  its  authority,  commencing  on  the day  of  —     — ,  ISO — , 

and  ending  on  the day  of  -     — .  189—;  and  that  the  survey  of  the  said  line 

is  accurately  represented  on  this  map  and  by  the  accompanying  field  notes. 


Sworn  and  subscribed  to  before  me  this day  of  —     — .  1.s<)- 

[SEAL.] 


Public. 
9 


10 

FORM  4. 

I, — ,  do  hereby  certify  that  I  am  president  of  the  -      —  company; 

that  —  — ,  who  subscribed  the  accompanying  affidavit,  is  the  chief  engi- 

neer of  (or  was  employed  to  make  the  survey  by)  the  said  company;  that  the 
survey  of  the  said  railroad,  as  accurately  represented  on  this  map  and  by  the 
accompanying  field  notes,  was  made  under  authority  of  the  company;  that  the 
company  is  duly  authorized  by  its  articles  of  incorporation  to  construct  the  said 
railroad  upon  the  location  shown  upon  this  map;  that  the  said  survey  as  repre- 
sented on  this  map  and  by  said  field  notes  was  adopted  by  resolution  of  its  board 
of  directors  on  the  —  —  day  of  -  — ,  189 — ,  as  the  definite  location  of  the  said 
railroad,  described  as  follows:  (describe  as  in  Form  3);  and  that  this  map  has 
been  prepared  to  be  filed  in  order  to  obtain  the  benefits  of  the  act  of  Congress 
approved  March  3,  1875,  entitled  "An  act  granting  to  railroads  the  right  of  way 
through  the  public  lands  of  the  United  States."  I  further  certify  that  the  said 
railroad  is  to  be  operated  as  a  common  carrier  of  passengers  and  freight. 


President  of  the  —      —  Company. 
Attest: 
[SEAL  OF  COMPANY.]  — , 

Secretary. 


FORM  5. 

STATE  OF  -     — , 
Count//  of 


being  duly  sworn,  says  that  he  is  the  chief  engineer  of  (or  was 
employed  to  construct)  the  railroad  of  the  —  --  company;  that  said  railroad  has 
been  constructed  under  his  supervision,  as  follows:  (describe  as  in  paragraph  12) 

a  total  length  of  -    miles;  that  construction  was  commenced  on  the' day 

of ,  189 — .  and  completed  on  the day  of ,  189 — ;  and  that  the  con- 
structed railroad  conforms  to  the  map  and  field  notes  which  received  the  approval 
of  the  Secretary  of  the  Interior  on  the day  of .  189 — . 


Sworn  and  subscribed  to  before  me  this day  of  —     — ,  189—. 

[SEAL.] 


Notary  Public. 


FORM  I). 


I, — ,  do  hereby  certify  that  I  am  the  president  of  the  —     —  company; 

that  the  railroad  described  as  follows:  (describe  as  in  Form  5)  was  actually  con- 
structed as  set  forth  in  the  accompanying  affidavit  of  —  — ,  chief  engineer 
(or  the  person  employed  by  the  company  in  the  premises) ;  that  the  location  of  the 
constructed  railroad  conforms  to  the  map  and  field  notes  approved  by  the  Secre- 
tary of  the  Interior  on  the day  of  -  — ,  189 — ;  and  that  the  company  has  in 

all  things  complied  with  the  requirements  of  the  act  of  Congress  approved  March 
3,  1875,  entitled  li  An  act  granting  to  railroads  the  right  of  way  through  the  public 
lands  of  the  United  States." 


President  of  tlic  —      —  Compaui/. 
Attest: 
[SEAL  OF  COMPANY.] 


Secretary. 


11 

FORM  7. 

STATE  OF , 

County  of ,  ss: 

,  being  duly  sworn,  says  he  is  the  chief  engineer  of  (or  is  the  person 

employed  to  make  the  survey  by)  the  —     —  company;  that  the  survey  of  the  tract 
described  as  follows:  (here  describe  as  required  by  paragraph  12)  an  area  of  — 
acres,  and  no  more,  was  made  by  him  (or  under  his  direction)  as  chief  engineer  of 
the  company  (or  as  surveyor  employed  by  the  company) ,  and  under  its  authority, 

commencing  on  the day  of  —     — ,  189 — ,  and  ending  on  the day  of  —    — , 

189 — ;  that  the  survey  of  the  said  tract  is  accurately  represented  on  this  plat  and  by 
the  accompanying  field  notes;  that  the  company  has  occupied  no  other  grounds 
for  similar  purposes  upon  public  lands  within  the  section  of  10  miles,  from  the 

—  mile  to  the mile,  for  which  this  selection  is  made;  that,  in  his  belief,  the 

said  grounds  are  actually  and  to  their  entire  extent  required  by  the  company  for 
the  necessary  uses  contemplated  by  the  act  of  Congress  approved  March  3,  1875, 
entitled  "An  act  granting  to  railroads  the  right  of  way  through  the  public  lands 
of  the  United  States.1' 


Subscribed  and  sworn  to  before  me  this day  of ,  189 — . 

[SEAL.] 


Notary  Public. 


FORM  8. 


I, • ,  do  hereby  certify  that  I  am  president  of  the  —    —  company: 

that  — ,  who  subscribed  the  accompanying  affidavit,  is  the  chief  engi- 
neer of  .(or- was  employed  to  make  the  survey  by)  the  said  company;  that  the  sur- 
vey of  the  tract  described  as  follows:  (here  describe  as  in  Form  7)  an  area  of  — 
acres,  and  no  more,  was  made  under  authority  of  the  company:  that  the  said  sur- 
vey, as  represented  on  this  map  and  by  said  field  notes,  was  adopted  by  resolution 

of  its  board  on  the day  of ,  189 — .  as  the  definite  location  of  said  tract 

for  station  grounds;  that  the  company  has  occupied  no  other  grounds  for  similar 

purposes  upon  public  lands  within  the  section  of  10  miles,  from  the mile  to 

the mile,  for  which  this  selection  is  made;  that,  in  his  belief,  the  said  grounds 

are  actually  and  to  their  entire  extent  required  by  the  company  for  the  necessary 
uses  contemplated  by  the  act  of  Congress  approved  March  8,  1895,  entitled  "An 
act  granting  to  railroads  the  right  of  way  through  the  public  lands  of  the  United 
States." 


President  of  the  —   —  Company. 
Attest: 

[SEAL   OF   COMPANY.] 


Secretary. 


